A pedestrian hit by a car in California can bring forth a lawsuit and recover damages from the negligent driver. You can sue for medical bills, economic damages, and non-economic damages. In the unfortunate situation that the pedestrian passes away, their family can sue for wrongful death. These types of accidents have devastating consequences, but understanding your rights and the legal processes can help you seek justice and compensation.
Immediate Steps After a Pedestrian is Hit by a Car
Seek Medical Attention
Your health is the top priority. It’s imperative that you seek medical attention. Even if you feel fine, some injuries may not manifest immediately. Document all medical treatments and follow-ups.
Gather Evidence
If possible, capture photos or videos of the accident scene, injuries, and any relevant traffic signals. It’s also important to gather the contact information of any witnesses present. The amount and quality of witnesses can greatly influence the outcome of your case. Lastly, keep the business card the police officer hands you. This business card should contain their contact info and the police report number.
Who is Considered a Pedestrian?
In California, a pedestrian is someone who is traveling on foot or is using:
- Electric personal assistive mobility device (EPAMD)
- Self-propelled wheelchair
- Motorized Tricycle
- Motorized Quadricycle
To be qualified as a pedestrian using any of the above devices, the person must be using them because of a physical disability. Bicyclists are not considered pedestrians.
Do Pedestrians Always Have the Right-of-Way?
In California, pedestrian right-of-way laws enhance safety and reduce accidents. At marked and unmarked crosswalks, pedestrians have the right-of-way. Drivers must yield to them and allow them to cross safely. These crosswalks are critical zones where pedestrian priority is clear and legally enforced. However, once pedestrians step outside these areas, the dynamics change. Pedestrians must yield to vehicles and ensure their own safety.
Despite this shift outside crosswalks, drivers must exercise due care to avoid hitting pedestrians, including jaywalkers. Drivers must remain vigilant and take all necessary actions to prevent accidents, including slowing down or stopping when needed. California’s “basic speed” law supports this principle by requiring speed adjustments according to conditions. This applies regardless of the posted speed limit. Pedestrians must adhere to crossing areas, and drivers must maintain caution and readiness to react. This dual responsibility fosters a safer environment for everyone on the road.
Negligence and Liability
To win a lawsuit or prevail on a claim, you must prove:
- The driver owed you a duty of care.
- The driver breached this duty.
- The breach directly caused your injuries.
Some common breaches in this duty of care include:
- Speeding
- Fatigued driving
- Failure to yield
- Distracted driving (e.g., texting, eating)
- Driving under the influence
- Reckless driving
How Do We Prove Your Case?
Proving fault when a pedestrian is hit by a car requires a comprehensive approach, leveraging multiple types of evidence to build a strong case.
Surveillance Footage
Surveillance footage is often a compelling piece of evidence. Video recordings from traffic cameras, businesses, or dash cams provide clear views of the accident. These recordings capture the moments leading up to, during, and after the incident. This visual evidence vividly demonstrates the driver’s actions and any potential traffic law violations.
Witness Testimony
Witness testimonies play a crucial role in establishing fault. Eyewitnesses offer firsthand accounts of the accident. They detail the driver’s behavior, the pedestrian’s actions, and the overall context. These testimonies corroborate the narrative presented by surveillance footage and fill in gaps. Additionally, collecting GPS and phone data reveals whether the driver was distracted at the time. GPS data shows the vehicle’s speed and movements. Phone records indicate if the driver was texting or calling during the crash.
Expert Testimony
Accident reconstruction experts provide invaluable insights by recreating the accident scene. They use techniques like computer simulations and physical measurements. These experts demonstrate how the accident occurred, pinpointing factors like vehicle speed, point of impact, and stopping distances. Furthermore, medical expert testimony elucidates the extent and nature of the pedestrian’s injuries. These experts link the injuries directly to the accident. They explain how the injuries were sustained and argue against claims of pre-existing conditions. By integrating various types of evidence, attorneys construct a compelling case. This case clearly illustrates the driver’s fault and the resulting harm to the pedestrian.
Compensation and Damages
Pedestrians hit by a car in California are entitled to recover damages such as:
Economic Damages
Economic Damages, sometimes called money damages , can include:
- Medical expenses
- Lost wages
- Property damage
- Therapy and counseling costs
Non-Economic Damages
Non-economic damages are not as clear as money damages, they can include:
- Pain and suffering
- Loss of earning capacity
- Scarring or disfigurement
Get Help From a Pro
Being hit by a car as a pedestrian in California is a serious matter, but understanding your legal rights and the steps to take can help you navigate the aftermath. Consulting with a personal injury attorney is crucial to ensure you receive fair compensation for your injuries and losses. Stay informed, stay safe, and take proactive steps to protect your rights.
